APPENDIX TWO
OFFENCES AND PENALTIES
|
Section |
Offence |
Maximum Penalty |
Federal
Geneva Conventions Act 1957
|
Wilful killing of a person protected by the Geneva Convention or by Additional Protocol One |
life |
|
|
A grave breach of the Geneva Conventions other than wilful killing. |
14 years |
Australian Capital Territory
Crimes Act 1900
|
s.19 |
Intentionally inflicting grievous bodily harm |
15 years |
|
s.20 |
Recklessly inflicting grievous bodily harm |
10 years |
|
s.21 |
Wounding |
5 years |
|
s.22 |
Assault with intent to commit certain indictable offences (ie. those which are punishable with a maximum period of imprisonment for 5 years or more) |
5 years |
|
s.23 |
Inflicting actual bodily harm |
5 years |
|
s.24 |
Assault occasioning actual bodily harm |
5 years |
|
s.25 |
Causing grievous bodily harm |
2 years |
|
s.26 |
Common assault |
2 years |
|
s.27 |
Acts endangering life |
(a)where the offence is intentional and nlawful - 10 years; and (b)where there is intention to commit an indictable offence against the person) punishable with more than 10 years’im-prisonment - 15 years |
|
s.28 |
Acts endangering health |
5 years |
|
s.30 |
Threat to kill |
10 years |
|
s.31 |
Threat to inflict grievous bodily harm |
5 years |
|
s.32 |
Demands accompanied by threats |
(a)where a threat is to endanger the health, safety or physical well-being of a person -10 years; and (b)where a threat is to kill or inflict bodily harm - 20 years |
|
s.33 |
Possession of an object with intent to kill |
5 years |
|
s.34 |
Forcible confinement |
10 years |
|
s.34A |
Stalking |
5 years |
|
s.35 |
Torture |
10 years |
|
s.36 |
Abduction of young person |
5 years |
|
s.37 |
Kidnapping |
20 years |
|
s.38 |
Unlawfully taking a child |
10 years |
|
s.92A |
Sexual assault in the first degree (i.e. inflicting grievous bodily harm with intent to have sexual intercourse) |
(a)17 years; and (b)where the accused acted in company with any other person - 20 years |
|
s.92B |
Sexual assault in the second degree (i.e inflicting actual bodily harm with intent to engage in sexual intercourse) |
(a)14 years; and (b)where the accused acted in company with any other person – 17 years |
|
s.92C |
Sexual assault in the third degree (i.e. unlawfully assaulting, or threatening to inflict grievous or actual bodily harm with intent to engage in sexual intercourse) |
(a)12 years; and (b) where the accused acted in company with any other person - 14 years |
|
s.92D |
Sexual intercourse without consent |
(a) 12 years; and (b) where the accused acted in company with any other person - 14 years |
|
s.92E |
Sexual intercourse with a young person |
(a)where the young person is under 10 years of age -17 years ; and (b)where the young person is under 16 years of age - 14 years |
|
s.92EA |
Maintaining a sexual relationship with a young person |
(a)7 years; and (b)where a person convicted of this offence was found to have committed another offence (against the person) in relation to the young person, (i)if the other offence is punishable by imprisonment for less than 14 years - 14 years; and (ii)if the other offence is punishable by imprisonment for 14 years or more - life imprisonment |
|
s.92F |
Act of indecency in the first degree (i.e. inflicting grievous bodily harm with intent to engage in an act of indecency) |
15 years |
|
s.92G |
Act of indecency in the second degree (i.e. inflicting actual bodily harm with intent to engage in an act of indecency) |
12 years |
|
s.92H |
Act of indecency in the third degree (i.e. unlawfully assaulting, or threatening to inflict grievous or actual bodily harm with intent to engage in an act of indecency) |
10 years |
|
s.92J |
Act of indecency without consent |
(a)5 years; and (b)where the accused acted in company with any other person - 7 years |
|
s.92K |
Act of indecency with a young person |
(a)where the young person is under 10 years of age 12 years; and (b)where the young person is under 16 years of age - 10 years |
|
s.92M |
Abduction for purposes of sexual intercourse |
10 years |
|
s.92W |
Female genital mutilation |
15 years |
|
s.92X |
Remove child from Territory for purposes of female genital Mutilation |
7 years |
New South Wales
Children (Care and Protection Act) 1987
|
s.20B |
Carrying out special medical treatment in contravention of the Act |
7 years |
|
s.25 |
Abuse of a child |
not exceeding 10 penalty units* |
|
s.26 |
Child neglect |
not exceeding 10 penalty units* |
|
s.27 |
Unauthorised removal of a child |
not exceeding 10 penalty units* |
|
s.28 |
Tattooing of a child |
not exceeding 10 penalty units* |
|
s.29 |
Leaving children unsupervised in cars |
not exceeding 10 penalty units* |
|
s.51 |
Endangering children in employment |
not exceeding 10 penalty units* |
Crimes Act 1900
|
s.18 |
Murder |
life |
|
s.19A |
Manslaughter |
25 years |
|
s.26 |
Conspiring to commit murder |
25 years |
|
s.27 |
Acts done to person with intent to murder |
25 years |
|
s.28 |
Acts done to property with intent to murder |
25 years |
|
s.29 |
Attempts to commit murder |
25 years |
|
s.33 |
Maliciously wounding |
25 years |
|
s.33A |
Maliciously discharge a loaded weapon |
14 years |
|
s.35 |
Malicious wounding or inflicting grievous bodily harm |
7 years |
|
s.35A |
Maliciously cause dog to inflict grievous bodily harm |
7 years |
|
s.35AA |
Maliciously cause dog to inflict actual bodily harm |
5 years |
|
s.36 |
Causing grievous bodily disease |
25 years |
|
s.37 |
Attempts to choke, suffocate or strangle |
25 years |
|
s.38 |
Administer chloroform to commit an offence |
25 years |
|
s.39 |
Use poison so as to endanger life |
10 years |
|
s.40 |
Maliciously discharge loaded arms |
14 years |
|
s.55 |
Possessing or manufacturing an explosive substance with intent to injure the person |
5 years |
|
s.58 |
Assault with intent to commit a felony |
5 years |
|
s.59 |
Assault occasioning actual bodily harm |
5 years |
|
s.61 |
Common assault |
2 years |
|
s.61I |
Sexual assault |
14 years |
|
s.61J |
Aggravated indecent assault |
20 years |
|
s.61L |
Indecent assault |
5 years |
|
s.61M |
Aggravated indecent assault |
7 years |
|
s.61N(1) |
Acts of indecency with a person under 16 years |
2 years |
|
s.61N(2) |
Acts of indecency with a person above 16 years and under 18 years |
18 months |
|
s.61O |
Aggravated acts of indecency |
3 years |
|
s.344A |
Attempts to commit an act shall be liable to the penalty of that act |
|
|
s.345 |
Principals in the second degree in any felony shall be liable to the penalty of that felony |
|
|
s.346 |
Accessories before the fact shall be liable to same punishment as the principal felon |
|
|
s.347 |
Accessories after the fact shall be liable to the same punishment as the principal felon |
Guardianship Act 1987
|
s.35 |
Carrying out special treatment (on conviction on indictment) in contravention of the Act; or in the case of minor or major treatment (on summary conviction) in contravention of the Act. |
7 years 1 year |
Prisons (General) Regulation 1995&&
|
cl. 149 |
Use of more force than is reasonably necessary |
not exceeding 10 penalty units* |
|
cl. 171 |
Use prohibited punishments |
not exceeding 10 penalty units* |
Prisons(Administration) Regulation 1995
|
cl. 32 |
Use insulting or abusive language |
not exceeding 10 penalty units* |
*One penalty unit = $110
Northern Territory
Criminal Code
|
Offering violence to officiating ministers of religion |
2 years |
|
|
Sexual intercourse or gross indecency between males in public |
14 years |
|
|
Sexual intercourse or gross indecency between males in private |
14 years |
|
|
Sexual intercourse or gross indecency involving females under 16 years |
14 years |
|
|
Sexual intercourse or gross indecency by provider of services to mentally ill or handicapped person |
7 years |
|
|
Attempts at procuration of young persons or mentally ill or handicapped person |
5 years |
|
|
Unlawful sexual relationship with child |
Life |
|
|
Indecent dealing with child under 16 years |
10 years |
|
|
Gross indecency in public |
2 years |
|
|
Dangerous acts or omissions |
14 years |
|
|
Murder |
Life |
|
|
Manslaughter |
Life |
|
|
Attempt to murder |
Life |
|
|
Threats to kill |
7 years |
|
|
Disabling in order to commit a crime |
Life |
|
|
Stupefying in order to commit a crime |
Life |
|
|
Acts intended to cause grievous bodily harm or prevent apprehension |
Life |
|
|
Grievous harm |
14 years |
|
|
Attempting to injure by explosive substances |
14 years |
|
|
Setting man-traps |
3 years |
|
|
Bodily harm |
2 years |
|
|
Female genital mutilation |
14 years |
|
|
Common assault |
5 years |
|
|
Assaults on police |
16 years |
|
|
Assaults on the Administrator or judges or magistrates |
14 years |
|
|
Assaults on member or crew of aircraft |
14 years |
|
|
Sexual intercourse and gross indecency without consent |
Life |
|
|
Coerced sexual self-manipulation |
17 years |
|
|
Assaults with intent to commit an offence |
3 years |
|
|
Kidnapping for ransom |
20 years |
|
|
Kidnapping |
7 years |
|
|
Deprivation of liberty |
7 years |
|
|
Concealment of matters affecting liberty |
3 years |
|
|
Wrongful custody of mentally ill person |
2 years |
|
|
Threats |
2 years |
|
|
Enticing away child under 16 years for immoral purposes |
7 years |
|
|
Abduction of children under 16 years |
14 years |
|
|
Robbery |
Life |
|
|
Assaults with intent to steal |
Life |
Queensland
Criminal Code 1899
|
s.137 |
Delays to take person before magistrate |
2 years |
|
s.200 |
Refusal by public officer to perform duty |
2 years |
|
s.317 |
Acts intended to cause grievous bodily harm and other malicious acts |
Life |
|
s.320 |
Grievous bodily harm |
14 years |
|
s.320A |
Torture |
14 years |
|
s.321 |
Attempting to injure by explosives or noxious substance |
14 years |
|
s.322 |
Maliciously administering poison with intent to harm |
14 years |
|
s.323 |
Wounding and similar acts |
7 years |
|
s.324 |
Failure to supply necessaries |
3 years |
|
s.328 |
Negligent acts causing harm |
2 years |
|
s.335 |
Common assault |
3 years |
|
s.336 |
Assault with intent to commit rape |
14 years |
|
s.339 |
Assault occasioning bodily harm in company while armed |
10 years |
|
s.340 |
Serious assault |
7 years |
|
s.346 |
Assault in interference with freedom of trade of work |
5 years |
|
s.347 |
Rape |
Life |
|
s.349 |
Attempt to commit rape |
14 years |
|
s.351 |
Abduction |
7 years |
|
s.354 |
Kidnapping |
7 years |
|
s.355 |
Deprivation of liberty |
3 years |
|
s.356 |
False certificates by officers charged with duties relating to liberty |
3 years |
|
s.357 |
Concealment of matters affecting liberty |
3 years |
|
s.358 |
Unlawful custody of patient under Mental Health Act |
2 years |
|
s.359 |
Threats |
5 years |
|
s.78 |
Interfering with political liberty |
2 years |
Children’s Services Act 1965
|
s.69(1) |
Ill treatment, neglect, abandonment of child likely to cause unnecessary suffering |
1 year or 40 penalty units |
Mental Health Act 1974
|
s.59 |
Ill treatment, neglect or molestation of mental patients/residents |
6 months |
*One penalty unit = $75
South Australia
Criminal Law Consolidation Act 1935
|
s.11 |
Murder |
life |
|
s.12 |
Conspiring or soliciting to commit murder |
life |
|
s.12a |
Cause death by an intentional act of violence |
life |
|
s.19 |
Unlawful threats |
5-12 years |
|
s.19AA |
Unlawful stalking |
3-5 years |
|
s.19A |
Cause death and injury by reckless driving etc |
4-15 years |
|
s.21 |
Wounding etc with intent to do grievous bodily harm |
life |
|
s.23 |
Malicious wounding etc |
5-8 years |
|
s.25 |
Choking or stupefying to commit indictable offence |
life |
|
s.27 |
Maliciously administering poison etc with intent to injure, aggrieve or annoy any other person |
3 years |
|
s.29 |
Acts endangering life or creating risk of grievous bodily harm |
5-15 years |
|
s.30 |
Fail to provide food etc in certain circumstances |
3 years |
|
s.31 |
Possess object with intent to kill or cause grievous bodily injury |
5-10 years |
|
s.33A |
Prohibition of female genital mutilation |
7 years |
|
s.33B |
Removal of child from State for genital mutilation |
7 years |
|
s.39 |
Common assault |
2-3 years |
|
s.40 |
Assaults occasioning harm |
5-8 years |
|
s.47A |
Threaten another person with a firearm |
4 years |
|
s.48 |
Rape |
life |
|
s.49 |
Unlawful sexual intercourse |
life |
|
s.56 |
Indecent assault |
8-10 years |
|
s.58 |
Acts of gross indecency |
3-5 years |
|
s.58A |
Incite or procure commission by child of indecent act for prurient purposes |
2-3 years |
|
s.59 |
Abduction of male or female person |
14 years |
|
s.64 |
Procure sexual intercourse |
7 years |
|
s.74 |
Persistent sexual abuse of a child |
life |
|
s.80 |
Abduction of child under 16 years |
7 years |
Mental Health Act 1998
|
s.30 |
Neglect or ill treatment |
2 years or $8,000 fine |
|
s.31 |
Offences in relation to authorisations and orders |
2 years or $8,000 fine |
Guardianship and Administration Act 1993
|
s.61 |
Prescribed treatment not to be carried out without Board’s consent |
2 years or $8,000 fine |
|
s.76 |
Ill treatment or neglect of a person with mental incapacity |
2 years or $8,000 fine |
|
s.77 |
Offences in relation to certain certificates and reports |
2 years or $8,000 fine |
Tasmania
Criminal Code 1924
|
s.115 |
Omission by public officer to perform duty |
21 years |
|
s.126 |
Unlawful sexual intercourse with insane persons or defectives |
21 years |
|
s.127 |
Indecent assault |
21 years |
|
s.127A |
Aggravated sexual assault |
21 years |
|
s.144 |
Duty to provide necessaries |
21 years |
|
s.152 |
Omission of duty |
21 years |
|
s.158 |
Murder |
21 years |
|
s.159 |
Manslaughter |
21 years |
|
s.161 |
Accessory after the fact to murder |
21 years |
|
s.170 |
Committing an unlawful act intending to cause bodily harm |
21 years |
|
s.172 |
Wounding or causing grievous bodily harm |
21 years |
|
s.175 |
Causing injury by poison |
21 years |
|
s.176 |
Administering poison |
21 years |
|
s.177 |
Failing to supply necessaries |
21 years |
|
s.183 |
Aggravated assault |
21 years |
|
s.184 |
Assault |
21 years |
|
s.185 |
Rape |
21 years |
Alcohol and Drug Dependency Act 1968
|
s.63 |
Ill treatment or neglect of patients in treatment centres |
12 months |
Child Welfare Act 1960
|
s.47(1) |
Ill treatment or neglect of a ward of State |
12 months |
Guardianship and Administration Act 1995
|
s.38 |
Carrying out medical treatment contrary to the Act on indictment |
21 years |
|
Non-indictable |
1 year |
Mental Health Act 1963
|
S106(1) |
Ill treatment or neglect of patients by staff |
6 months |
|
S106(3) |
Ill treatment or neglect of mental illness patients by responsible persons |
6 months |
|
s.107 |
Improper use of restraint and seclusion of patients with mental illness |
6 months |
Mental Health Act 1996
|
s.87 |
Ill treatment or neglect of patients |
2 years |
Victoria
Crimes Act 1958
|
s.3 |
Punishment for murder |
life or imprisonment for such other term as is fixed by the court. |
|
s.3A |
Unintentional killing in the course of furtherance of a crime of Violence |
person liable to be convicted of murder. Penalties as above. |
|
s.5 |
Punishment of manslaughter |
20 years imprisonment or a fine in addition to or instead of a term of imprisonment |
|
s.16 |
Causing serious injury intentionally |
15 years |
|
s.17 |
Causing serious injury recklessly |
10 years |
|
s.18 |
Causing injury intentionally or recklessly |
5 years if the injury was caused intentionally; 2 years if the injury was caused recklessly |
|
s.20 |
Threats to kill |
2 years |
|
s.21 |
Threats to inflict serious injury |
1 year |
|
s.21A |
Stalking |
10 years |
|
s.22 |
Conduct endangering life |
10 years |
|
s.23 |
Conduct causing serious injury |
5 years |
|
s.24 |
Negligently causing serious injury |
2 years |
|
s.27 |
Extortion with threat to kill |
5 years |
|
s.31 |
Criminal assaults |
1 year |
|
s.38 |
Rape |
25 years |
|
s.39 |
Indecent assault |
10 years |
|
s.40 |
Assault with intent to rape |
10 years |
|
s.321 |
Conspiracy to commit an offence against a law or laws of Victoria |
•penalty for the relevant offence fixed by law; •if penalty for relevant offences is imprisonment where maximum length of term is not prescribed by law, then 10 years; •if the relevant offence is murder, the person is liable to life imprisonment or imprisonment for a term fixed by the court. |
|
s.321G |
Incitement |
•penalty for the relevant offence fixed by law; •if penalty for relevant offence/s is imprisonment where maximum length of term is not prescribed by law, then 2 years; •if the relevant offence is murder, the person is liable to life imprisonment or imprisonment for a term fixed by the court. |
|
s.323 |
Abettors in indictable offences |
a person who aids, abets, counsels or procures the commission of an indictable offence can be punished as a principal offender. |
|
s.325 |
Accessories – a person who does any act with the purpose of impeding the apprehension, prosecution, conviction or punishment of a principal offender is guilty of an indictable offence |
•if the principal offence is one for which the maximum penalty is life imprisonment, then a maximum penalty of 25 years; •in any other case, to imprisonment for a term which is neither - (i)more than 60 months in length; nor (ii)more than one-half the length of the longest term which may be imposed on first conviction for the principal offence. |
|
Common law |
Common assault |
5 years |
|
Common law |
False imprisonment |
10 years |
|
Common law |
Kidnapping |
25 years |
Summary Offences Act 1966
|
s.23 |
Common assault |
$1500 fine or imprisonment for three months |
|
s.24 |
Aggravated assault |
$2500 fine or six months imprisonment |
Mental Health Act 1986
|
Part 5 |
Proscribed conduct in relation to mentally ill persons, unless the procedure is carried out in accordance with legislation or with the consent of the person: •psychosurgery •electroconvulsive therapy •mechanical restraint, seclusion, and non-psychiatric medical treatment |
$2,000 fine. A community based order may also be imposed. |
Intellectually Disabled Persons’ Services Act 1986
|
Div 3 of Part 5 |
Proscribed actions in relation to intellectually disabled persons unless the procedure is carried out in accordance with legislation •mechanical or chemical bodily restraint; •seclusion; •aversive therapy. |
$2,000 fine. A community based order may also be imposed. |
Alcoholics and Drug Dependent Persons Act 1968
|
s.23 |
To strike, wound, ill treat or wilfully neglect any person detained in an alcohol and drug assessment or treatment centre. |
3 years |
Children and Young Persons Act 1989
|
s.261 |
It is an offence for any person who has a duty of care in relation to a child to take action that results in the child suffering significant harm from physical injury or sexual abuse, significant emotional or psychological harm, or which is likely to result in the child’s Physical development or health being significantly harmed. It is also an offence to intentionally fail to take action that results in the child’s physical development or health being harmed. |
$5,000 or imprisonment for up to 12 months. The full range of Sentencing options under the Sentencing Act 1991(eg. intensive correction orders; community based orders) are also available. |
Western Australia
Criminal Code
|
s.294 |
Intentionally causing grievous bodily harm or prevent arrest |
20 years |
|
s.295 |
Preventing escape from wreck |
20 years |
|
s.297 |
Grievous bodily harm |
7 years |
|
s.298 |
Causing explosion likely to endanger life |
20 years |
|
s.299 |
Attempting to cause explosion likely to endanger life |
14 years |
|
s.300 |
Maliciously administering poison with intent to harm |
14 years |
|
s.301 |
Wounding and similar acts |
5 years |
|
s.302 |
Failure to supply necessities of life |
3 years |
|
s.303 |
Endangering life or health of apprentices or servants |
3 years |
|
s.304 |
Endangering life of children by exposure |
3 years |
|
s.305 |
Setting mantraps |
3 years |
|
s.313 |
Common assault |
18 months |
|
s.317 |
Assaults occasioning bodily harm |
5 years |
|
s.317A |
Assaults with intent |
5 years |
|
s.318 |
Serious assaults |
10 years |
|
s.320 |
Sexual offences against child under 13 |
20 years |
|
s.321 |
Sexual offences against child or over 13 and under 16 |
20 years |
|
s.322 |
Sexual offences by person in authority against child of or over 16 |
10 years |
|
s.322a |
Sexual offences against juvenile male |
5 years |
|
s.323 |
Indecent assault |
5 years |
|
s.324 |
Aggravated indecent assault |
7 years |
|
s.325 |
Sexual penetration without consent |
20 years |
|
s.326 |
Aggravated sexual penetration without consent |
20 years |
|
s.327 |
Sexual coercion |
14 years |
|
s.328 |
Aggravated sexual coercion |
20 years |
|
s.330 |
Sexual offences against incapable person |
20 years |
|
s.332 |
Kidnapping |
20 years |
|
s.333 |
Deprivation of liberty |
10 years |
|
s.336 |
Procuring the apprehension or detention of a person not suffering from a mental disorder |
3 years |
|
s.337 |
Unlawful custody of persons suffering from mental disorder |
2 years |
|
s.338A |
Threats with intent to influence |
10 years |
|
s.338B |
Threats |
7 years |
|
s.338D |
Unlawful stalking |
8 years |
|
s.554 |
Attempt to commit indictable offence |
14 years |
|
s.554 |
Incitement to commit indictable offence |
14 years |
|
s.555 |
Summary trial of attempt or incitement |
Half statutory penalty on indictment; or summary conviction penalty which ever is lesser |
|
s.555A |
Attempts and incitement (simple offences) |
Statutory penalty |
|
s.556 |
Attempt to procure commission of criminal act |
Statutory penalty |
|
s.558 |
Conspiracy to commit indictable offence |
14 years |
|
s.560 |
Summary trial of conspiracy to commit indictable offence |
Statutory penalty |
|
s.562 |
Accessory after the fact (indictable offence) |
14 years |
|
s.563 |
Summary trial of accessory after the fact |
(see s.555) |
Child Welfare Act
|
s.31A |
Punishment for misconduct or neglect causing a child to be in need of cure and protection |
1 year |
Disability Services Act 1993
|
s.53 |
Offence of ill-treatment |
1 year or $4,000 |
Mental Health Act 1996 (from 13.11.97)
|
s.162 |
Offence for ill-treatment |
1 year or $4,000 |
APPENDIX THREE ADMINISTRATIVE REVIEW OF PUBLIC OFFICER CONDUCT
APPENDIX 3.1 POLICE OFFICERS
|
Federal |
•Ombudsman •Merit Protection Review Agency |
|||
|
Australian Capital Territory |
•Ombudsman •Discrimination Commissioner |
|||
|
New South Wales |
•Ombudsman •Police Integrity Commission •Independent Commission Against Corruption •Police Service Internal Affairs Branch |
|||
|
Northern Territory |
•Ombudsman •Anti-Discrimination Commission •Police Professional Responsibility Unit |
|||
|
Queensland |
•Criminal Justice Commission •Misconduct Tribunals |
|||
|
South Australia |
•Police Complaints Authority •Police Disciplinary Tribunal •Internal Investigations Branch •Anti-Corruption Branch |
|||
|
Tasmania |
•Internal Investigation Unit •Ombudsman |
|||
|
Victoria |
••Ethical Standards Department, Victoria Police ••Deputy Ombudsman (Police Complaints) |
|||
|
Western Australia |
•Internal Investigations Unit •Ombudsman •Anti-Corruption Commission |
APPENDIX 3.2 PRISON OFFICERS
|
Australian Capital Territory |
•Internal investigations •Official Prison Visitors •Ombudsman •Discrimination Commissioner |
||||
|
New South Wales |
•Inspector-General of Corrective Services •Professional Standards Unit, Department of Corrective Services •Ombudsman |
||||
|
Northern Territory |
•Ombudsman •Anti-Discrimination Commission •Official Prison Visitors |
||||
|
Queensland |
•Misconduct Tribunals •Parliamentary Commissioner for Administrative Investigations •Criminal Justice Commission |
||||
|
South Australia |
•Senior Investigation Officer, Department of Correctional Services •Visiting Tribunal •Ombudsman |
||||
|
Tasmania |
•Head of Agency •Ombudsman |
||||
|
Victoria |
•Ombudsman •Official Prison Visitors |
||||
|
Western Australia |
•Ombudsman •Anti-Corruption Commission •Ministry of Justice Investigations Unit •Prison Visitors •Aboriginal Prison Visitors •Juvenile Detention Centre Visitors |
APPENDIX 3.3 MILITARY PERSONNEL
|
Federal |
• Defence Act 1903 •General Courts of Inquiry •Boards of Inquiry •Internal Investigating Officers • Defence Force Discipline Act 1982 •Disciplinary Tribunals |
APPENDIX 3.4 IMMIGRATION OFFICERS
|
Federal |
•Internal Investigation Section, Department of Immigration & Multicultural Affairs •Human Rights and Equal Opportunity Commission •Ombudsman •Federal Court of Australia |
APPENDIX 3.5 CUSTOMS OFFICERS
|
Federal |
• Public Service Act 1922 •Internal investigations by the Australian Customs Service •Human Rights and Equal Opportunity Commission •Ombudsman •Federal Court of Australia |
APPENDIX 3.6 PUBLIC MEDICAL OFFICERS
|
Australian Capital Territory |
•Director of Mental Health •Community Visitor of Public Hospitals •Ombudsman •Community Advocate •Medical Practitioners Board •Administrative Appeals Tribunal •Public Sector Disciplinary Committee •Discrimination Commissioner |
|||
|
New South Wales |
•Health Care Complaints Commission •Mental Health Review Tribunal |
|||
|
Northern Territory |
•Ombudsman •Patient Advocate, Royal Darwin Hospital •Anti-Discrimination Commission |
|||
|
Queensland |
•Ombudsman •Medical Assessment Tribunal •Health Rights Commission •Anti-Discrimination Commission |
|||
|
South Australia |
•Public Advocate •Health Commission •Medical Practitioners Board •Medical Practitioners Tribunal •Mental Health Review Tribunal |
|||
|
Tasmania |
•Ombudsman •Health Complaints Commissioner •Mental Health Review Tribunal •Head of Agency •Public Guardian |
|||
|
Victoria |
•Mental Health Review Board •Community Visitor •Ombudsman •Health Services Commissioner •Chief Psychiatrist •Intellectual Disability Review Panel |
|||
|
Western Australia |
•Medical Board •Office of Health Review •Department of Health Complaints and Information Unit •Boards of Visitors •Parliamentary Commissioner for Administrative Investigations (Ombudsman) •(Mental Health) Council of Official Visitors •Mental Health Review Board |
APPENDIX 3.7 RESIDENTIAL CARERS
|
Australian Capital Territory |
• Internal investigations by Department • Public Sector Management Inquiry • Ombudsman • Discrimination Commissioner |
|||
|
New South Wales |
• Community Services Commission • Department of Community Services Customer Complaints System • Guardianship Board • Community Services Appeals Tribunal • Health Care Complaints Commission • Mental Health Review Tribunal • Ombudsman • Independent Commission Against Corruption |
|||
|
Northern Territory |
• Ombudsman |
|||
|
Queensland |
• Criminal Justice Commission • Misconduct Tribunals • Parliamentary Commissioner for Administrative Investigations • Health Rights Commission • Children’s Commissioner |
|||
|
South Australia |
• Manager, Secure Care Centre • Director, Young Offenders Unit • Police Complaints Authority • Commissioner of Police • Guardianship Board • Ombudsman • Medical Board • Medical Practitioners Professional Conduct Tribunal |
|||
|
Tasmania |
• Head of Agency • Ombudsman |
|||
|
Victoria |
• Police • Department of Human Services • Ombudsman |
|||
|
Western Australia |
• Internal responses to complaints - - Consumer Advocate assists complaints - Case Review Board (child wards) - Minister for Family and Children’s Services • Commissioner for Equal Opportunity • Guardianship and Administration Board • Public Advocate • Ombudsman |
APPENDIX 3.8 PUBLIC SCHOOL TEACHERS
|
Australian Capital Territory |
•Internal investigations by Department of Education and Children’s & Family Services Bureau •Public Sector Management Inquiry •Discrimination Commissioner |
|||
|
New South Wales |
•Chief Executive Officer, Department of Education •Anti‑Discrimination Board •Ombudsman |
|||
|
Northern Territory |
•Ombudsman |
|||
|
Queensland |
•Criminal Justice Commission •Misconduct Tribunals |
|||
|
South Australia |
•Director‑General, Department of Education •District Superintendent of Schools •School Area Equal Opportunity Officer •Commissioner for Equal Opportunity • Ombudsman |
|||
|
Tasmania |
•Head of Agency •Ombudsman |
|||
|
Victoria |
•Director of School Education •Merit Protection Board |
|||
|
Western Australia |
•Internal responses to complaints - -School principal -District Superintendent -Director General •Ombudsman |
table 1. – relevant criminal legislation
|
Federal Crimes Act 1901 Crimes (Aviation) Act 1991 Crimes at Sea Act 1979 Crimes (Torture) Act 1988 Customs Act 1901 Defence Act 1903 Defence Force Discipline Act 1982 Disability Discrimination Act 1992 Extradition Act 1988 Family Law Act 1975 Geneva Conventions Act 1957 Human Rights and Equal Opportunity Act 1986 Public Service Act 1922 Racial Discrimination Act 1975 (incorporating Part IIA dealing with racially offensive behaviour) Sex Discrimination Act 1984 War Crimes Act 1945 |
ACT Children’s Services Act 1986 Crimes Act 1900 Discrimination Act 1991 |
New South Wales Anti ‑Discrimination Act 1977 Children (Care and Protection) Act 1987 Children (Detention Centres) Act 1987 Correctional Centres Act 1952 Crimes Act 1900 Crimes (Child Sexual Tourism) Amendment Act 1994 Education Act 1990 Education Reform Amendment (School Discipline) Act 1995 Guardianship Act 1987 Independent Commission Against Corruption Act 1988 Ombudsman Act 1974 Police Integrity Commission Act 1996 Police Service Act 1990 Protected Disclosures Act 1994 Public Sector Management Act 1988 |
|
Northern Territory Anti ‑Discrimination Act 1992 Criminal Code Education Act 1979 Mental Health Act 1979 Police Administration Act 1979 Prison (Correctional Services) Act 1980 |
Queensland Anti ‑Discrimination Act 1991 Children’s Services Act 1965 Criminal Code Act 1899 Mental Health Act 1974 |
South Australia Consent to Medical Treatment and Dental Procedures Act 1985 Consent to Treatment and Palliative Care Act 1994 Corporal Punishment Abolition Act 1971 Correctional Services Act 1982 Criminal Law Consolidation Act 1935 Education Act Regulations Equal Opportunity Act 1984 Guardianship and Administration Act 1993 Medical Practitioners Act 1983 Mental Health Act 1993 Police Act 1952 Police Act Regulations Police General Orders, General Order 2100 Public and Environmental Health Act 1987 Public Sector Management Act 1995 Sexual Reassignment Act 1988 Summary Offences Act 1953 Young Offenders Act 1993 |
|
Tasmania Alcohol and Drug Dependency Act 1968 Child Welfare Act 1960 Criminal Code Act 1924 Guardianship and Administration Act 1995 HIV/AIDS Preventive Measures Act 1993 Mental Health Act 1963 Police Regulation Act 1898 Prison Act 1977 Sex Discrimination Act 1994 |
Victoria Alcoholics and Drug Dependent Persons Act 1968 Children and Young Persons Act 1989 Corrections Regulations 1988 Crimes Act 1958 Crimes (Offences at Sea) Act 1978 Education Regulations 1988 Equal Opportunity Act 1995 Intellectually Disabled Persons’Services Act 1986 Mental Health Act 1986 Summary Offences Act 1966 |
Western Australia Criminal Code Act 1913 Crimes (Offences at Sea) Act 1979 Child Welfare Act 1947 Equal Opportunity Act 1984 Education Act 1928 Disability Services Act 1993 Guardianship and Administration Act 1990 Health Services (Conciliation and Review) Act 1995 Mental Health Act 1996 Police Act 1892 Prisons Act 1981 Public Sector Management Act 1994 Young Offenders Act 1994 |
table 2. – Ombudsman legislation
Federal
Ombudsman Act 1976 (Cth)
Australian Capital Territory
Ombudsman Act 1989 (ACT)
New South Wales
Ombudsman Act 1974 (NSW) - (The Ombudsman also has jurisdiction pursuant to the Freedom of Information Act 1989 (NSW), Police Service Act 1990 (NSW) and the Protected Disclosures Act 1994 (NSW).)
Northern Territory
Ombudsman (Northern Territory) Act 1977 (NT)
Queensland
Parliamentary Commissioner Act 1974 (Qld)
South Australia
Ombudsman Act 1972 (SA)
Tasmania
Ombudsman Act 1978 (Tas)
Victoria
Ombudsman Act 1973 (Vic)
Western Australia
Ombudsman Act 1971 (WA)
table 3. – statutory compensation schemes
Australian Capital Territory
Criminal Injuries Compensation Act 1983 (ACT)
New South Wales
Victims Compensation Act 1987 (NSW)
Victims Compensation Act 1996 (NSW)
Northern Territory
Crimes (Victims Assistance) Act 1982 (NT)
Crimes Compensation Act 1992 (NT)
Queensland
Criminal Offence Victims Act 1995 (Qld)
South Australia
Criminal Injuries Compensation Act 1978 (SA)
Tasmania
Criminal Injuries Compensation Act 1976 (Tas)
Victoria
Criminal Injuries Compensation Act 1983 (Vic)
Victims of Crime Assistance Act 1996 (Vic)
Western Australia
Criminal Injuries Compensation Act 1982 (WA)
Criminal Injuries Compensation Act 1985 (WA)
Criminal Injuries Compensation Regulations 1985 (WA)
Sentencing Act 1995 (WA)
Young Offenders Act 1994 (WA)
table 4. – bilateral extradition treaties with states parties to the convention
Australia has an extradition treaty or arrangement in force with the following State parties to the Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment.
|
Argentina |
France |
Italy |
Philippines |
|
Austria |
Germany |
Iceland+ |
Portugal |
|
Belgium |
Greece |
Korea, Republic of |
Spain |
|
Brazil |
Hong Kong SAR# |
Luxembourg |
Sweden |
|
Chile |
Hungary |
Mexico |
Switzerland |
|
Denmark+ |
Monaco |
USA |
|
|
Ecuador |
Netherlands |
Venezuela |
|
|
Finland |
Israel |
Norway |
+ Australia has non treaty status extradition arrangements with these States.
# As a State Party to the CAT, China extended the application of the CAT to the Hong Kong SAR from 1 July 1997. Australia entered into an extradition agreement with the Government of Hong Kong on 29 June 1997. China recognizes this agreement as continuing in force with the Hong Kong SAR.
Note that Australia continues to negotiate extradition treaties with other States. For example, Australia has signed extradition treaties with Paraguay, Poland, Turkey and Uruguay. These treaties are expected to enter into force in the near future.
In addition, Australia has extradition arrangements with the following Commonwealth countries and State parties to the CAT via the London Scheme. The London Scheme is a set of principles agreed to by Commonwealth Law Ministers and upon which the extradition laws of Commonwealth countries are modelled and then applied to each other on the basis of reciprocity.
|
Antigua & Barbuda |
Kenya |
New Zealand |
|
Austria |
Malawi |
|
|
Canada |
Malta |
Sri Lanka |
|
Cyprus |
Mauritius |
Uganda |
|
Guyana |
Namibia |
United Kingdom |
Note that sub-paragraph 22(3)(b) of the federal Extradition Act 1988 prohibits the surrender of a person who has been found to be eligible for extradition by a domestic court unless the federal Attorney-General is satisfied that, upon surrender, the person will not be subjected to torture.
list of annexes *
Annex 1 Asylum, Border Control and Detention, Federal Parliamentary Inquiry by the Joint Standing Committee on Migration, February 1994
Annex 2 Human Rights and Mental Illness Report of the National Inquiry into the Human Rights of People with Mental Illness, HREOC, September 1993
Annex 3 Royal Commission into Aboriginal Deaths in Custody. National Report, Commissioner Elliott Johnston, Canberra, 1991
Annex 4 Royal Commission into the New South Wales Police Service Final Report , Commissioner The Hon. Justice JRT Wood, May 1997
Annex 5 Integrity: But Not By Trust Alone, Inquiry into Australian Federal Police and National Crime Authority Complaints and Disciplinary Systems, Report No. 82 ALRC 1996
_______________
*These annexes may be consulted in the files of the Office of the United Nations High Commissioner for Human Rights.